Traffic accident compensation standards are mainly based on the local economic indicators of the previous year, and are calculated based on a one-point multiplier. Depending on the degree of injury of the victim, the compensation items vary. Today, the author will discuss the disability caused by traffic accidents in Shandong in 2021 I will give you a detailed explanation of the death compensation regulations.
According to data and information, the Shandong Provincial Bureau of Statistics recently released economic indicators for traffic accident compensation in Shandong in 2021. The average per capita income of households in Shandong Province in 2021 was 24,685 yuan, an increase of 8.7% over last year, 864 yuan higher than the domestic average, ranking 9th across the country. . Excluding the impact of price factors, the actual increase was 6.5%, 0.2 points higher than the domestic average. Among them: (1) The average per capita income of urban and rural residents is 36,789 yuan. (2) The per capita consumption expenditure of urban and rural residents is 23,072 yuan. (3) The per capita income of rural people is 15118 yuan. (4) The average living expenses per person in rural areas is 10342 yuan.
2021 Shandong Traffic Accident Disability Compensation Standards 1. Personal Injury Compensation Standards Personal injury compensation standards are based on Article 17 of the "Supreme People's Court's Statement on Certain Phenomena of Law Application in the Trial of Personal Injury Compensation Cases" and "People's Republic of China ***The requirements of Article 16 of the Tort Liability Law of the People's Republic of China, including the following new items: medical expenses, missed work, accompanying expenses, travel expenses, accommodation expenses, hospitalization meal allowances, necessary nursing expenses, disability compensation, Assistive device fees for disabled people, living expenses for dependents, recovery fees, accompanying fees, follow-up treatment fees, funeral expenses, death compensation fees, travel expenses for funeral-related matters applied by the victim's family, accommodation expenses, lost work expenses, damages and other effective expenses , Compensation for mental losses. 2. Economic loss compensation standards Economic loss compensation standards specify the amount of compensation based on direct losses and indirect damages caused by traffic accidents. (1) Compensation standards for direct losses: Under normal circumstances, compensation should be restored to normal or at a discounted rate. For partially recoverable vehicles, equipment and objects, the repair costs should be compensated; if the price is reduced due to partial damage, part of the loss should be compensated; for those that cannot be restored, the true value should be compensated. (2) Compensation for indirect economic losses regulates the indirect damage suffered by victims due to traffic accidents, and the infringer shall compensate for the damage. For example, in a traffic accident damage compensation case, if the victim claims that the damaged car is being used for freight transportation or tourist transport production and operation, and it is stipulated to compensate for the damage caused by the suspension of operation during the repair period of the damaged car, the person responsible for the traffic accident should compensate . 3. Standards for Compensation for Mental Damage Mental damage is an intangible damage that cannot be measured by others. The size and level of mental damage generally cannot be measured by material limits. Therefore, in actual judicial practice, for mental damage Compensation is only valid and appropriate based on the specific circumstances of the parties, including the regional economic situation, the identity of the parties, the family situation of the parties, the size of the parties’ obligations in the case, social status, etc. Develop within a clear scope.
In 2021, Shandong traffic accident death compensation standards are 1. Death compensation for urban and rural residents: 36,789 yuan × 20 years = 735,780 yuan. For those around 60 years old, 36,789 yuan will be reduced for each additional year; for those around 75 years old, 36,789 yuan × 5 years = 0 +83945 Yuan Rural people: 15118 Yuan × 20 years = 302360 Yuan. For each additional year of age around 60 years old, 15118 Yuan will be deducted; for those around 75 years old, 15118 × 5 years = 75,590 yuan 2. Average annual income of enterprise employees in the Philadelphia area ÷ 23. Living expenses of dependents in urban areas: those who are incapable of working and have no other source of income: 23,072 yuan × 20 years = 460 + 440 yuan 23,072 yuan will be deducted for each additional year over 60 years old; 23,072 yuan for those around 75 years old × 5 years = 0 + 0 + 5,360 yuan. Rural areas: those who are incapable of working and have no other source of income: 0 + 0,342 yuan × 20 Year = 206,840 Yuan for each additional year over 60 years old, minus 10,342 Yuan; for around 75 years old, 10,342 Yuan × 5 years = 51710 Yuan
Steps for traffic accident compensation (1) Negotiation: After negotiation with the public security traffic management agency of the public security department, if the parties have not reached a consensus or will not bear the responsibility after the mediation agreement is effective, the parties can file a civil lawsuit with the court. (2) Prosecution:
First instance 1, filing a lawsuit (1) Submit a complaint to the filing division of the court with regional jurisdiction (2) Case filing review (3) If the conditions for filing are met, the parties will be notified to pay attorney fees within 7 days, and the case will be filed for investigation after payment (4) Failure to comply The conditions for filing the case include a ruling that the case should not be heard or that the prosecution should be dismissed. If you are not satisfied with the judgment that the judgment will not be heard or the judgment rejects the lawsuit, you can file a lawsuit with the superior people's court within 10 days. (5) After the case is accepted, a court hearing will be scheduled, and the parties will be notified of the court date, address, and person in charge 3 days in advance. Public trial cases will be announced 3 days in advance 2. Trial opening (1) Announce the opening of the trial, verify the true identity of the parties, announce the members of the arbitral tribunal, inform the parties of their rights and obligations, and understand whether to apply for recusal (2) Court investigation: The parties state the facts of the case (3) Cross-examination and cross-examination: inform witnesses of their rights and obligations, witnesses testify, read evidence that has not appeared in court, provide evidence, evidence and audio-visual materials; both parties express their opinions on the evidence materials (4) Court hearing: multiple parties will have objections to the facts and legal issues, and conduct objections and discussions (5) Court negotiation: Under the auspices of the court, the parties agree to resolve the dispute, reach a civil mediation agreement, and prepare a civil mediation agreement. The mediation record will take effect after the parties sign on it (Note: Now it has been changed. It only takes effect when the mediation record is signed, instead of when the civil mediation letter is received) (6) The parties execute the civil mediation letter_Content or Apply for execution (7) Submit an application to the court for retrial (8) Failure to reach the civil mediation agreement (9) The arbitral tribunal makes a ruling (judgment) in consultation (10) Allowing the ruling parties to automatically execute the responsibilities confirmed by the court judgment Or submit an application to the hospital to notify the court (11) If you disagree with the referee's decision: 10 days from the date of submission, file a prosecution decision with the superior court: 15 from the date of submission The inward-looking superior leader filed a lawsuit in court
Second instance 1. The parties involved in the investigation are dissatisfied with the ruling or judgment of the first instance court and file a lawsuit with the first instance court or the superior people’s court within the legal time limit (now the appeal should be submitted to the first instance court, and the court will issue a payment notice, and then go to the second instance court) Court fees) 2. When a court hearing begins, the parties will be notified of the hearing time, address, and person in charge 3 days in advance. For public trial cases, the court hearing will be announced 3 days in advance. The true identity of the parties will be verified, the members of the arbitral tribunal will be announced, and the rights and obligations of the parties will be informed. , to find out whether to apply for avoidance of the court investigation: the parties state the objective facts of the case and cross-examination: inform the rights and obligations of the witnesses, the witnesses testify, read the evidence that has not appeared in court, provide evidence, evidence and audio-visual materials; the parties discuss the direct evidence Material expression of opinions court hearing: multiple parties will have objections to the facts and legal issues, and conduct refutation and discussion. Court negotiation: under the auspices of the court, the parties agree to resolve the dispute, reach a civil mediation agreement and prepare a civil mediation agreement, and both parties It will take effect after checking. After the arbitral tribunal makes a ruling (1), the procuratorate protests (2) re-sentencing (3) and the judgment is remanded, the parties can automatically implement the responsibilities confirmed in the court judgment or apply to the court of first instance for enforcement. If they are not satisfied with the ruling, they can apply for a retrial. But complaints will not affect implementation.
Questions answered 1, what are the standards for compensation for level 8 disability in Shandong traffic accidents? Answer: First of all, compensation for personal injuries caused by traffic accidents must first be accompanied by an accident liability certificate issued by the traffic control department, which is also the basis for the entire compensation obligation. Secondly, for personal injuries caused by traffic accidents, the main compensation categories include medical expenses, medical expenses, escort expenses, nursing expenses, lost work, one-time disability subsidies, mental loss compensation, etc. The basis for its establishment is that the assessment of work-related injury levels is basically above. The assessment of work-related injury levels is carried out by a professional appraisal center. Third, after the work-related injury grade is determined, various types of compensation obligations are determined based on the local average income of employees in the previous year, as well as the age and household registration of the victim.
2. How much compensation should be paid if both parties are equally responsible for a traffic accident in Shandong? Answer: According to the requirements of the "Traffic Compulsory Insurance Compensation Practices": The mental loss compensation that the beneficiary shall bear in accordance with the court ruling or negotiation shall, under normal circumstances, be compensated within the death and disability compensation amount after other compensation items are fully compensated. . Therefore, if the court has already made a ruling, then it is enough to implement it in accordance with the ruling. In short, the insurance company is responsible for the claims. If the car insurance company is not convinced, the car insurance company can sue. However, it is important to note that commercial insurance does not compensate for emotional comfort, so the death compensation cannot exceed 11 million.
3. How are urban and rural residents and rural residents divided into Shandong traffic accident personal injury compensation standards? Answer: The definitions of urban and rural residents; urban and rural residents are households with non-agricultural registered permanent residence. Article 5 of the "Opinions of the Supreme People's Court on Several Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China": The usual place of residence of a Chinese citizen usually refers to the Chinese citizen who has been living continuously for about one year from the time when he leaves his place of residence to the time when the lawsuit is filed. The location requirements apply to households that, despite being registered as agricultural and animal husbandry residents, have been separated from the urban areas to continue working, settling, and living for more than one year, and their sources of economic income have been separated from the countryside and agriculture. Workers should also be regarded as urban residents and regarded as urban and rural residents.
Millions of car purchase subsidies